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Watts v. Promina Gwinnett Health System2/15/2000
laratory judgment may not be granted in the absence of a justiciable controversy. (Cits.) "The object of the declaratory judgment is to permit determination of a controversy before obligations are repudiated or rights are violated. As many times pointed out by this court, its purpose is to permit one who is walking in the dark to ascertain where he is and where he is going, to turn on the light before he steps rather than after he has stepped in a hole. (Cits.)" (Cit.)' (Emphasis supplied.) Loyd v. City of Irwinton, 142 Ga. App. 626-627 (1) (236 SE2d 889) (1977)." Oxford Finance Cos. v. Dennis, 185 Ga. App. 177 (363 SE2d 614). Farm & Home Life Insurance Cos. v. Skelton, 235 Ga. App. 507 (510 SE2d 76).
In accordance with our holding in Division 1 that Ms. Watts has waived her claims against Gwinnett, it is clear that all possible rights between the parties have accrued and all possible obligations have attached. Thus, Gwinnett requires no direction from the trial court concerning its future conduct which might increase its liability or otherwise affect its interests with respect to Ms. Watts. We, therefore, reverse the grant of summary judgment to Gwinnett on its counterclaim for declaratory relief and remand to the trial court with directions that the counterclaim be dismissed.
Judgment affirmed in part and reversed in part and remanded with directions. Johnson, C. J., and Phipps, J., concur.
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